Hi Everyone,
Our BC HST New Housing Rebate was denied because our friend who co-signed on the mortgage and went on title is not a primary resident of the condo we purchased. My wife and I are primary residents, and my wife is on the rebate form as applicant. Has anyone else come across this situation?
Some further detail:
- this is a new build in BC
- the form was filed on our behalf from the builder
- our friend was added one month before the closing date of the sale
- the CRA examiner cited Excise Tax Act 254, faxed me a bunch of definitions of primary residents. However, I don't see anywhere in the act or definitions of primary resident where it says all co-owners have to be principle residents. I only see that the applicant who gets the rebate needs to be a principle resident.
- I have a land transfer form signed by the builder stating that my friend is only 1% owner of the property, and I'm getting the lawyer who did the first deal to provide a declaration stating he only held that 1% in trust with no economic benefit.
- I called CRA rulings who gave a verbal opinion stating there should be no problem getting the HST Rebate in this situation.
Despite all of this, they're continuing with the denial. I'm of course filing a notice of objection. If anyone knows anything about this situation or knows what I should do, any advice would be most appreciated.
Thanks!
Our BC HST New Housing Rebate was denied because our friend who co-signed on the mortgage and went on title is not a primary resident of the condo we purchased. My wife and I are primary residents, and my wife is on the rebate form as applicant. Has anyone else come across this situation?
Some further detail:
- this is a new build in BC
- the form was filed on our behalf from the builder
- our friend was added one month before the closing date of the sale
- the CRA examiner cited Excise Tax Act 254, faxed me a bunch of definitions of primary residents. However, I don't see anywhere in the act or definitions of primary resident where it says all co-owners have to be principle residents. I only see that the applicant who gets the rebate needs to be a principle resident.
- I have a land transfer form signed by the builder stating that my friend is only 1% owner of the property, and I'm getting the lawyer who did the first deal to provide a declaration stating he only held that 1% in trust with no economic benefit.
- I called CRA rulings who gave a verbal opinion stating there should be no problem getting the HST Rebate in this situation.
Despite all of this, they're continuing with the denial. I'm of course filing a notice of objection. If anyone knows anything about this situation or knows what I should do, any advice would be most appreciated.
Thanks!